What’s the Difference Between Rape and Sexual Assault in Pennsylvania?

In many states, the terms “rape” and “sexual assault” are used interchangeably, but in Pennsylvania, there are important differences between the two. The one thing both crimes do have in common, however, is that they can lead to several years behind bars.  That’s why it’s important to know how both offenses are classified, so you can handle your case in the most effective way possible. Our experienced attorneys are here to help you fight your sexual offense charges. To start, we’ll help you understand the difference between rape and sexual assault in Pennsylvania.

Sexual Assault vs. Rape

Sex crimes include any acts involving unlawful sex, sexual stimulation, sexual assault or having a sexual motive, while ranging from felony offenses to misdemeanor offenses.  In Pennsylvania, sexual assault encompasses more than rape, while rape is the more serious crime. As a result, there are a number of different situations and additional nuances in which a person could be arrested for rape.

Sexual Assault in Pennsylvania

To be arrested for a sexual assault, an offender has had sexual intercourse or “deviate sexual intercourse” with a victim who has not given explicit consent. Deviate sexual intercourse, or involuntary deviate sexual intercourse (IDSI), is where an offender offers unwanted touching of a body part; for example, penetrating the genitals or anus of a person with an object or performing oral penetration without the person’s consent.

Statutory sexual assault is one of the various types of sexual assault crimes. In this case, the offender has sex with someone who is 16 years old or younger, and at the time the sexual assault or abuse occurred, the offender is at least four years older than the victim.  If the offender is as much as 11+ years older than the victim, their statutory sexual assault charge could be upgraded to a first degree felony, where they’ll face up to 20 years in prison. These offenses do not apply for married couples, regardless of age.

Rape in Pennsylvania

Rape refers to forced and non-consensual sexual penetration of a body part by another body part or object.  The offender will use physical restraint, violence, or threats of violence against the victim to exert power and control.  For example, if a victim feels endangered by the unwelcome sexual acts and unable to prevent them from happening through force of their own, the offender can be charged with rape,  regardless of whether or not the victim consented to other physical contact. There are three other situations in which a rape arrest could be made:

1. The suspect has sexual intercourse with a person is unconscious or unaware the sexual activity is occurring (ie. the victim is intoxicated) 
2. The suspect used drugs or other intoxicants to make the victim less likely to resist sexual harassment or unwanted penetration 
3. The victim is mentally incapacitated and unable to consent to the sexual activity suspect

As a first-degree felony, rape offenders face up to 20 years in prison and $25,000 in criminal fines, while most sexual assault charges result in up to 10 years in prison and $25,000 in fines as a second-degree felony. In addition to these penalties, those convicted can expect a tarnished reputation for a lifetime. When it comes to sex crimes, it’s crucial to find an experienced lawyer who understands your case and the complex criminal proceedings to fight for you. Contact our criminal law attorneys today for a free consultation.